Important changes in foundation law as of July 2023

From July 1, 2023, the Act on the Unification of Foundation Law will come into force, bringing together, supplementing and clarifying many previously unclear, contradictory or incomplete points in foundation law. In addition to new, uniform federal regulations, the reform also includes the introduction of a central foundation register. The changes are intended to provide greater legal certainty in matters of liability,

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Scheidungsimmobilie Haltefrist für Immobilienverkauf

Real estate sale & divorce: sale of co-ownership share within holding period may be taxable

Often, a property must be sold in its entirety as part of a divorce, or one ex-spouse sells his or her co-ownership share to the other ex-spouse. The problem: if a property is sold as private assets within the so-called holding period, taxes may have to be paid on it because it may be a private sale transaction.

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Tax benefits for the operation of photovoltaic systems

The use of renewable energies is becoming increasingly important. To promote the expansion of photovoltaic systems, the legislature has now introduced extensive changes for operators of photovoltaic systems as part of the Annual Tax Act 2022.

Numerous bureaucratic hurdles will be removed. The new regulations will make the operation of photovoltaic systems more attractive and simpler from a tax perspective.

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Bitcoin & Co: BFH rules crypto profits are taxable! What do crypto investors need to know now?

With the decision of the Federal Fiscal Court (Bundesfinanzhof, BFH) of February 28, 2023, the highest German fiscal court has now for the first time taken a position on income tax issues relating to crypto assets – Bitcoins and Co.  

In it, the previously issued fiscal court decisions are followed and also essential excerpts of the BMF letter of May 10,

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Child benefit evaded? Criminal charges for tax evasion can be the consequence!

Under certain conditions, parents in Germany are entitled to child benefit. As of January 1, 2023, the entitlement to child benefit is a uniform 250 euros per month and child and is paid out to parents by the family benefits office. So far, so good.

But if the family benefits office pays out child benefits even though parents are not (or no longer) entitled to them,

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Real estate valuation newly regulated – higher inheritance tax and gift tax for real estate since 01.01.2023

Real estate valuation in the event of a gift or inheritance has always been a bone of contention. Now, the legislator has reformed the Valuation Act – and with significant effects on the calculation of inheritance tax and gift tax in connection with real estate. This is because the value of real estate has been determined on the basis of the market value for the calculation of gift and inheritance tax since the changes to the law on 01.01.2009.

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Erinnerungsschreiben Corona-Soforthilfe

Corona emergency aid – who is facing repayment?

In the first months of the Corona crisis, the government granted emergency aid to smaller companies and solo self-employed persons who found themselves in an existential emergency. Eligibility to apply for Corona emergency aid was conditional on the existence of a short-term liquidity shortage. According to the approval notice, all recipients of emergency aid are obliged to check whether the predicted liquidity bottleneck has actually occurred.

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Social security audit and external wage tax audit – what to watch out for in the future?

As part of the irregularly scheduled external wage tax audit, checks are made to see whether employers are properly paying wage tax for their employees. During the social security audit, the German Pension Insurance checks every four years, among other things, whether social security contributions have been correctly paid.

Our experience shows: The auditors are looking ever more closely and demanding more information or evidence.

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Energetic renovation measures: How can real estate owners benefit from a tax perspective?

Since 2020, energetic renovation measures on the owner-occupied home have been eligible for tax incentives for ten years. Corresponding expenses can be deducted directly from the tax liability.

  • Which measures are subsidized?
  • What should be considered?
  • What alternative funding options are there?

Our experts around the property give you tips and answers to 10 questions from the practice of tax incentives for energy refurbishment of your home,

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Income tax return 2021: How do I take my crypto investments into account?

With an estimated 5,000,000 people in Germany investing in the crypto world, many will soon be asking the question, “How do I account for my crypto investments in my 2021 income tax return?” Some individuals will have to make sometimes substantial tax payments as a result of their crypto investments and will thus also be required to file an income tax return in due time.

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ACCONSIS Zukunftswerkstatt

The ACCONSIS Future Workshop turns 3 – Happy Birthday!

The Future Workshop is our digital workbench for new solutions!

On the occasion of the 3rd anniversary of the ACCONSIS Future Workshop (ZKW), we asked Stefan Herzer, member of the Executive Board and responsible for organization and digitization at ACCONSIS, for an interview.

We were particularly interested in how the idea of the Future Workshop came about,

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Payroll 2022 – important changes

The new year brings a number of changes in wage tax and social security law. What do you have to bear in mind in 2022? We have summarised the relevant changes for you.

  • Increase in the minimum wage
  • Minimum remuneration for apprentices
  • Employer subsidy for deferred compensation
  • Reporting of tax identification number for marginally employed
  • Insurance status of short-term employees
  • Electronic certificate of incapacity for work
  • Tax-free remuneration in kind
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Important information for the end of the year 2021

2021 saw a whole range of significant changes in the tax area for businesses, employers and employees, home and land owners as well as capital investors and taxpayers.

At the end of the year, important innovations were also set in motion that will take effect in 2022, for example the extension of the Corona economic aid and the short-time working allowance.

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Vorverkaufsrecht für Gemeinden

What is the right of first refusal for municipalities?

The municipality can only exercise the right of first refusal for a property in certain cases if it lies within the scope of a preservation order.

In a ruling dated 09.11.2021 – 4 C 1.20, the Federal Administrative Court ruled that a municipality’s right of first refusal for a plot of land located within the scope of an urban development ordinance does not exist if the plot of land is built on and used in accordance with the purposes of the urban development measures and the buildings erected on it do not have any defects.

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Mini-jobs – what do you have to bear in mind when employing mini-jobbers?

Hiring mini-jobbers is an interesting way for employers to cushion peak workloads, especially in times of fluctuating orders. Of course, some important organisational and verification obligations must also be observed for marginally employed workers.

Important change in 2022: Notification of the tax identification number and statutory health insurance

From January 2022,

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münchner immobilien fokus: Digital event series all about real estate

Since 2009, our experts Agnes Fischl-Obermayer, lawyer, tax advisor and specialist in inheritance law, and Regine Funke-Lachotzki, auditor and tax advisor, have been organising the series münchner immobilien fokus together with Aigner Immobilien GmbH.

Every year in spring and autumn, the event takes place on the premises of the Literaturhaus in Munich to provide a networking platform for members of the industry.

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Flood disaster: How can employers provide assistance to affected employees?

Many employers would like to provide financial assistance to their employees who have been affected by environmental catastrophes. The following payroll tax simplifications apply to support affected individuals:

Affected employees can receive up to EUR 600 per calendar year tax-free from their employer as aid and assistance. If the aid is paid out to affected employees due to an extraordinary emergency situation,

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Tax data from Dubai: tax authorities are currently evaluating sensitive data

The last prominent data acquisition was some time ago. Many may still remember the acquisition of bank information from Switzerland. The state government of North Rhine-Westphalia was particularly prominent in this regard. The data purchase was and is highly controversial and even involved the Federal Constitutional Court. The acquired information has flushed billions into the state coffers.

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Salary extras – What benefits can I pay my employees in addition to their salary?

Particularly with regard to personnel recruitment, employers can offer additional, attractive benefits that go beyond mere payment in the form of salary.

With selected salary extras, employees’ pay can be optimized through tax-privileged and social security-free benefits to achieve a higher net payout. Employers can thus reward employees for good work performance,

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Fight against time: Last chance to avoid prosecution in Germany by filing a voluntary declaration

Now the time has come. The final step on the part of Turkey has been taken. The agreement on the automatic exchange of information (AEOI), which Turkey ratified back in 2017, will now actually be implemented. The Turkish President, Recep Tayyip Erdogan, personally ordered the execution of the relevant decision by decree on May 31,

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Überbrückungshilfe Corona

Überbrückungshilfe/Bridging assistance III: Eligible digitization and hygiene measures

The Corona crisis continues to pose significant challenges for many companies. Lockdowns, contact restrictions, heightened hygiene approaches: The necessary and at the same time existence-threatening measures to contain the pandemic are leading to major revenue losses for many companies.

However, the current Überbrückungshilfe / bridging assistance III can help to compensate for or at least limit these sales losses.

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Überbrückungshilfen / Bridging Assistance II and III: Proactive Design and Use of Opportunities

The current decisions of the federal government to extend the closures of restaurants and hotels, as well as the restrictions on retail trade, are causing enormous frustration among the entrepreneurs affected. Many hopes have vanished and major (financial) worries are becoming even greater.

It is all the more important now to really make use of all the options offered by the state’s Bridging Assistance in a proactive and goal-oriented manner!

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Casual landlords – Airbnb & rental portals targeted by tax authorities!

INSIDER online event on March 24, 2021 on the topic.

Due to the greater response to the article “Airbnb – The tax office knows who you rented to last summer!” – we are once again expanding our comments to include the following points:

After we have so far dealt in particular with the issues surrounding the investigative measures of the German tax authorities and the resulting tax obligations or consequences under criminal tax law,

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Überbrückungshilfe III / Bridging Assistance III – Background Information & Overview

Überbrückungshilfe/ Bridging assistance –
improved, expanded and topped up!

We have summarized the most important points for you in the following text.

A term sheet and annex have been published for Überbrückungshilfe/ Bridging Assistance III, as well as an overview of the planned simplifications and increases to Bridging Assistance III.

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Corona crisis – Working from home: Home office & Co – what rules apply?

In order to contain the corona pandemic and reduce social contacts – also in the work environment – the Bundesministerium für Arbeit und Soziales/ German Federal Ministry of Labor and Social Affairs (BMAS) has issued the Corona-Arbeitsschutzverordnung/ Corona Occupational Health and Safety Ordinance (Corona-ArbSchV). This also contains regulations on home office.

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